Call to Order: The meeting was called to order at 3:05 p.m. by Frank Annin, President.
Board Members Present: Frank Annin, President; Ron Phillips,
Vice President; Lloyd Cabral, Secretary; Allan Deehr, Treasurer;
Wilbur Carlson, Erhard Autrata, and Walter Moe. (Barney Sheffield
and Lucas Clebsch were ill.)
Bobbi Stutsman, General Manager, was also present.
Lot Owners Present: Manny Mattos, Mike and Tina Giddings, Alan Medeiros, Mark and Karen Stebbins, Bobbie Alicen, Ken and Margie Cordrey, Muriel Maxine Jenkins, Jim Brown, Barbara Kahn-Langer, Robin Wright, Richard Kjarsgaard, Roy and Bonnie Terry, Gloria Whitely, Carlton Stout, JoAnne Backman, Aki and Laura Lintunen, Douglas Hough, June Conant, Tom Picher, Bob and Paula Simmons, Kile Golden, Suzanne Mayhew, Donald Tinker, Vivienne and Darrell Houghton, Ahmed Rifi, Terry Moon, Shary Moon, Judy Bird, Joe Roe, Robert Kita, Ben Mead, Mary Porter, Randal Bruckner, Nancy Bruckner, Jeff Edwards, Dana Callihan, E. Szegedy, Teresa Gronister, Elrond and Joan Pilpen, Pamela and John Hanor, Louise Wisechild, Bill Dick, Mary Ann Bary-Smith, Walter Bell, Norma Bell, Mark and Ceclia Abeyla, Michael McMillan, Lynn Blanchette, Doris Carlson, Janet Tebo, Leonard Baker, Walter Moe, Carole Mullin, John Mullin, Patrick Donovan, Frances Donovan, Patrick Walsh, Elena Au, and Harry and Peggy Musgrave.
Guests: Carey Mills, Vahl Mills.
Introduction: President Annin introduced the Board of Directors and the standing committees.
Presentation: Patrick Hart, a Professor of Biology at the University of Hawaii at Hilo, discussed the return of native flora and fauna to Hawaii's lower ohia forests. Hart researches native Hawaiian birds, which were decimated in the lower forests by avian malaria with the introduction of non-native birds. The Paradise Park area is the only place in the state where native birds are returning to the lower-elevation ohia forests. Hart asked lot owners to refrain from clear-cutting the ohias on their lots to provide habitat for the native birds and plants.
Approval of Minutes: Gloria Whitely moved to approve the minutes of the General Membership meeting of June 26, 2005, as written; Ahmed Rifi seconded. The motion passed unanimously.
Don Tinker moved to approve the minutes of the Special General Membership meeting of October 30, 2005, as written; Erhard Autrata seconded. The motion passed unanimously.
Treasurer's Report: Treasurer Deehr reported that as
of January 31, 2006, the accounts totaled $1,308,618, including
approximately $216,000 of 2006 road assessments, leaving $1.28
million available to meet the budget for current fiscal year,
which ends June 30. As of January 31, the Association has collected
$1,056,324 of the $1,169,775 billed in 2005, or 93 percent.
Last year the Board authorized foreclosure actions against the
eleven most delinquent accounts. To date, six have paid in full
with only one action actually having been filed. The remaining
five belong to foreign nationals, requiring compliance with the
Hague Convention. The process of serving these lot owners costs
approximately $1200 to $1800. Allan is working on getting a bulk
deal at a cost of approximately $800 per foreclosure. All fees
are recoverable upon foreclosure of the properties.
At the end of the first half of the fiscal year (December 31,
2005), 32 percent of the roads budget and 42 percent of the non-roads
budget had been expended.
The auditor's report in October noted no deficiencies and no recommended
changes to the Association's record-keeping.
An owner asked what happens to foreclosed properties. Allan responded
that they will be sold at public sale to the highest bidder. Any
mortgage holder will recover its share and the County of Hawaii
will recover any unpaid real estate taxes. HPPOA should be third
in line for recovery of delinquent assessments and lien and foreclosure
costs. Monies left over are returned to the lot owner.
In response to a question, Allan said that the road fees must
increase ten percent for the next five years to accommodate the
increased cost of paving.
The Association includes approximately 8500 lots; $1.2 million
is billed and $1.1 million is expected to be collected for the
upcoming year.
A lot owner asked why trees on the side roads are not being cut
for improved visibility and safety. Allan responded that the existing
brush-cutting contract does not include cutting trees on side
roads, but when the contract is renewed, that service will be
included.
General Manager's Report: Bobbi Stutsman reported that
the maintenance goal is to grade and roll each road a minimum
of twice each year, with materials added as necessary. There are
135 miles of road in the subdivision; the road crew consists of
two employees working every day.
Road fees pay for removal of fallen trees, dead animals, abandoned
cars, appliances and garbage as well as rolling and grading of
the roads.
The road maintenance follows a schedule, which can be interrupted
by rains and problematic areas needing attention.
Speeders, heavy trucks and construction equipment contribute to
wear and tear on the roads. The office has forms to send to the
police department when speeders are observed.
Historical information and the minutes of membership and Board
meetings are posted on the website. The office cannot give real
estate information.
Paradise Dr. is being widened to include level shoulders and trees
are being removed from the easement in preparation for paving.
Portions of Paradise Dr. are being closed during the construction
for the safety of the workers.
If a lot owner's address changes, it is his responsibility to
provide the appropriate contact information to the office.
Driveways off main roads are not allowed for safety reasons. All
except for five lots in the subdivision have side road access.
The office staff has been instructed to hang up when a caller
is rude.
Louise Wisechild asked why cinders are being used instead of basecourse.
Bobbi responded that cinders cost half as much. Basecourse lasts
longer, but not enough to justify the cost.
Jim Brown said that quads and three-wheelers tear up the roads.
Bobbi asked owners to call the police when speed laws are being
violated.
In response to a question, Bobbi said that 28th was chosen to
be paved as an emergency access road based on the cost of maintenance
of the road.
An owner complained that his road has not been paved, although
he is billed for road fees every year. Bobbi said the fees do
not cover the cost of paving; the responsibility of the Association
is for maintenance.
Another lot owner asked about striping the paved roads. Bobbi
said a contract for striping has been approved, to begin within
thirty days of the February Board meeting.
Roads Manager: Frank announced that Suzanne Mayhew has been hired for the half-time position of Roads Manager, to begin Thursday, February 16.
New Business
Election of Nominating Committee: The nominating committee
finds Board of Director candidates. GingerVan Vleet, Elena Au,
Alan Medeiros, Tina Giddings and Kile Golden volunteered to serve
on the committee.
Parks Committee: The committee will make recommendations
to the Board for development of the 20 acres adjacent to the Activity
Center into a park. Walter Bell, Skip Bethea, Brenna Gorresen,
Pam Hanor, John Hanor and Carole Mullin volunteered.
School Sites Committee: Allan Deehr and Barney Sheffield
have asked for community input in recommending standards and policies
to the Board for the siting of schools within the subdivision.
June Conant and Barbara Kahn-Langer volunteered.
Evacuation and Notification Committee: Manny Mattos asked
the Board to assign a committee to notify owners and residents
and to work with the local civil defense agency and the fire department
in the event of an emergency or natural disaster. At its January
meeting, the Board appointed Mattos to chair the committee. Carlton
Stout, Karen Annin, Jim Brown, Roy Terry, Bonnie Terry, Alan Medeiros
and Paula Simmons volunteered to help.
Puna Community Development Plan: A meeting will be held
in the Activity Center February 24 from 6-8:30 p.m. The County
is asking for volunteers to serve on the Steering Committee.
Acknowledgement: JoAnne Backman acknowledged the efforts
of the Board of Directors in reviewing the Master Plan, establishing
a Parks Committee, giving awards of appreciation to volunteers
and ascertaining and representing the needs and desires of lot
owners as stated in the Objects and Purposes of the Association.
The proclamation was signed by Backman, Bobbie Alicen, Walter
Bell, Barbara Kahn-Langer, John Schilling and Robin Wright.
Motion to Redefine Districts: JoAnne Backman suggested
that the Bylaws be revised to realign the voting districts to
create easily identifiable districts using subdivision boundaries
and main roads as lateral boundaries.
Barbara Kahn-Langer moved to form a Bylaws Committee to realign the voting districts established by Article VIII, Section 3, Districts, Appendix A, and Appendix B of the Bylaws. Louise Wisechild seconded; the motion carried overwhelmingly.
Robin Wright, JoAnne Backman, Lynn Blanchette, Carlton Stout
and Doris Carlson volunteered to serve on the committee.
Motion to Increase the Number of General Membership Meetings:
Walter Bell moved that WHEREAS, Article VII, Section 1 requires two membership meetings each year, AND WHEREAS, these Meetings of Members are presently held in compliance with Bylaw Article VII, Section 1 in two time slots: January and February, and May 15 through June 30, spaced four and eight months apart; AND WHEREAS, Meetings of Members are presently held on the last Sundays of February and June with the result that the Members have uneven and limited opportunity to be informed of the affairs of the Association and to express their views; THEREFORE, be it moved that Meetings of Members be held at four month intervals, three each year, by adding a third meeting in October, upon acceptance of this motion and remaining in force until this provision may be revised by a Bylaw amendment. Douglas Hough seconded; the motion passed.
Motion to Require Majority Vote for Election of a Director:
Walter Bell moved that WHEREAS, Article III Bylaws Definitions,
Section 5 defines Majority Vote as "The vote greater than
half of the valid votes cast," AND WHEREAS, Article VII Board
of Directors, Section 5 Election is silent on the matter of the
ballot count to determine the successful candidate, THEREFORE,
be it moved that a majority vote, as defined in Article I shall
be required for election of a Director.
When there are more than two candidates for the office, an instant
run-off ballot shall be prepared in which a vote is cast for first,
second, third choices (as may be required on the basis of candidates
running), in which each voter ranks candidates in order of preference,
from the one most wanted to the one least wanted to be elected.
In the event the first choice candidate does not receive a majority,
the votes are counted as follows:
The candidate with the fewest votes is eliminated, and the second
choice votes of those ballots are added to the votes already received.
The process is repeated when there are more than three candidates
until a candidate receives a majority.
AND, be it further moved that this process shall become effective
the election following acceptance of this motion and shall remain
in force until this provision may be revised by a motion or a
Bylaw amendment.
Bobbie Alicen seconded; the motion passed.
Posting of Agenda for Board Meetings:
Barbara Kahn-Langer moved that the Board of Directors meeting agenda be posted on the HPPOA bulletin board, on the HPPOA office door and on the HPPOA website 48 hours in advance of regularly-scheduled monthly meetings and 24 hours in advance of special Board meetings. Michael McMullin seconded; the motion passed.
Completion of Priorities:
Barbara Kahn-Langer moved that the Board of Directors establish timetables for the completion of priorities established by the General Membership, assign staff responsibility and include the progress of these priorities on the monthly meeting agenda. Suzanne Mayhew seconded; the motion carried.
Member Input: Terry Moon asked why, if the Association's
primary goal is road maintenance, it is doing non-road activities.
Allan responded that the Board is required by the Bylaws in Article
III a) To ascertain the needs and desires of lot owners of the
Hawaiian Paradise Park subdivision and represent those needs and
desires as appropriate. It is also required to maintain the properties
of the Association as well as to maintain, manage and preserve
the roadways.
He also said that he had to have an abandoned vehicle removed.
Bobbi said that abandoned vehicles can be called into the office;
the road crew will tag them and the police will be notified. The
police tag the vehicles and report them to the Public Works Department,
which has them removed over the next several months.
Moon praised the fire department and asked whether it has full-time
employees. Frank responded that the County Fire Department has
one fulltime fireman on duty. Volunteers meet on Thursdays for
training.
He also raised the issue of lack of sufficient post office boxes
and police enforcement in the subdivision.
Lloyd said that he has had several meetings with Wayne Suzuki,
the Kea`au postmaster. Suzuki has told him the post office has
money for new boxes. Lloyd said the Board is working on moving
the boxes on the main roads to a safe, off-road area.
Ron Phillips responded that he wrote and submitted a resolution
to the County that the police provide reinforcement within the
Park, which was passed. Ron added that the Traffic Safety Committee
is working on a means to slow speeders to improve the safety of
the paved roads.
Ken Grady asked about Community Covenants and Restrictions. He
said people should not live in tents on their property. Elena
Au said that most local people cannot afford to rent while they
are building a house. She said that neighbors could offer to help.
Matty Mannos asked owners to be patient and tolerant of their
neighbors.
Frank said there are no CC & R's. Allan added that there is
no provision in the Bylaws for the creation of CC & R's, nor
is there any authority of the Board to pass them. The School Site
Committee is the first attempt to determine restrictions for a
specific purpose.
An owner said that asphalt will be cheaper in the long run than
cinders. Also, the work on Paradise Dr. is making "a big
mudhole." Lloyd said that the road is being widened to add
3 feet of paved shoulder and gravel beyond that to provide a safe
place to pull off the road in case of an emergency.
A new owner said that this is one of the best-run organizations
he has seen.
Another owner asked if volunteers could be reimbursed for filling
the potholes on their roads. Jim Brown said to get cinders from
the road crew and dump them in the holes. Frank said there are
no funds for reimbursement.
Louise Wisechild asked about the procedure for obtaining a light
at Paradise and at Kaloli. The State is studying the need for
traffic lights on Highway 130.
Tina Giddings said that the office is trying to accommodate the
volume of calls coming in. She asked if a description of the road
maintenance could be posted. JoAnne Backman suggested posting
the road maintenance schedule. Frank said Suzanne can work on
the posting of the road schedule when she starts as Roads Manager.
Lloyd invited owners to attend Board meetings the second Wednesday
of each month to express their concerns.
Adjournment: The meeting was adjourned at 5:45 p.m.
Respectfully submitted by:
Kirstie Goin, Recording Secretary
Lloyd Cabral, Corporate Secretary
Approval of Minutes: Gloria Whitely moved to approve the minutes of the General Membership meeting of June 26, 2005, as written; Ahmed Rifi seconded. The motion passed unanimously.
Don Tinker moved to approve the minutes of the Special General Membership meeting of October 30, 2005, as written; Erhard Autrata seconded. The motion passed unanimously.
Barbara Kahn-Langer moved to form a Bylaws Committee to realign the voting districts established by Article VIII, Section 3, Districts, Appendix A, and Appendix B of the Bylaws. Louise Wisechild seconded; the motion carried overwhelmingly.
Walter Bell moved that WHEREAS, Article VII, Section 1 requires two membership meetings each year, AND WHEREAS, these Meetings of Members are presently held in compliance with Bylaw Article VII, Section 1 in two time slots: January and February, and May 15 through June 30, spaced four and eight months apart; AND WHEREAS, Meetings of Members are presently held on the last Sundays of February and June with the result that the Members have uneven and limited opportunity to be informed of the affairs of the Association and to express their views; THEREFORE, be it moved that Meetings of Members be held at four month intervals, three each year, by adding a third meeting in October, upon acceptance of this motion and remaining in force until this provision may be revised by a Bylaw amendment. Douglas Hough seconded; the motion passed.
Walter Bell moved that WHEREAS, Article III Bylaws Definitions,
Section 5 defines Majority Vote as "The vote greater than
half of the valid votes cast," AND WHEREAS, Article VII Board
of Directors, Section 5 Election is silent on the matter of the
ballot count to determine the successful candidate, THEREFORE,
be it moved that a majority vote, as defined in Article I shall
be required for election of a Director.
When there are more than two candidates for the office, an instant
run-off ballot shall be prepared in which a vote is cast for first,
second, third choices (as may be required on the basis of candidates
running), in which each voter ranks candidates in order of preference,
from the one most wanted to the one least wanted to be elected.
In the event the first choice candidate does not receive a majority,
the votes are counted as follows:
The candidate with the fewest votes is eliminated, and the second
choice votes of those ballots are added to the votes already received.
The process is repeated when there are more than three candidates
until a candidate receives a majority.
AND, be it further moved that this process shall become effective
the election following acceptance of this motion and shall remain
in force until this provision may be revised by a motion or a
Bylaw amendment.
Bobbie Alicen seconded; the motion passed.
Barbara Kahn-Langer moved that the Board of Directors meeting agenda be posted on the HPPOA bulletin board, on the HPPOA office door and on the HPPOA website 48 hours in advance of regularly-scheduled monthly meetings and 24 hours in advance of special Board meetings. Michael McMullin seconded; the motion passed.
Barbara Kahn-Langer moved that the Board of Directors establish timetables for the completion of priorities established by the General Membership, assign staff responsibility and include the progress of these priorities on the monthly meeting agenda. Suzanne Mayhew seconded; the motion carried.
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